Terms and Conditions contained in this licence to build, erect or maintain on or over a highway, a scaffolding or other structure which obstructs the highway (section 169 Highways Act: 1980)

Upon the issuing of the licence, the applicant will become the party to whom the licence is issued in terms of section 169 Highways Act 1980 and will be referred to in the licence as “the Licensee”

A licence to erect or retain a scaffold or other structure will only be issued to the Company responsible for the erection and management of the scaffolding. It cannot be transferred to any other person or firm

The Licensee will be responsible for ensuring the scaffold design, construction and maintenance of the scaffolding is in compliance with BS EN 12810/12811 or NASC guidance TG20:13 and that the scaffold is erected, altered and dismantled in accordance with the Work at Height Regulations 2005

The scaffold structure shall be adequately lit at all times between half an hour before sunset to half an hour after sunrise. (Refer to the Scaffolding Responsibilities Document item 11)

Any provision for providing a safe route for pedestrians shall be in accordance with the current Safety at Street Works and Road Works Code of Practice. (Refer to the Scaffolding Responsibilities Document items 14-16 inclusive and item 18)

Traffic Management shall be in accordance with the current Safety at Street Works and Road Works Code of Practice and Chapter 8 of the Traffic Signs Manual. (Refer to the Scaffolding Responsibilities Document items 17-19 inclusive)

Erection of the scaffolding structure must not commence prior to the date specified on the licence and must be dismantled and removed from site before the end of the specified period. Hampshire County Council may, in certain circumstances, agree to the extension of the licence period. This may attract a further fee

The Licensee must implement any measures that Hampshire County Council or undertaker (under the meaning of s48 of the New Roads and Street Works Act: 1991) reasonably requests for the purpose of protecting or giving access to any apparatus belonging to or used or maintained by them. (Refer to the Scaffolding Responsibilities Document item 5)

All licence applications for scaffolding structures must comply fully with the standard conditions/drawings in the Scaffolding Responsibilities Document

The Licensee shall hold at least £10 million public liability insurance

The Licensee is responsible for contacting undertakers (under the meaning of §48 of the New Roads and Street Works Act 1991) to establish whether or not their apparatus may be affected by the scaffolding structure

The Highway Authority shall have the right to impose additional conditions prior to issuing a licence, in order to discharge the Highway Authority’s duties under s130 Highways Act 1980 and s3 Health and Safety at Work etc Act 1974

The Licensee shall indemnify and keep indemnified the Highway Authority against all liability, loss, claim or proceeding whatsoever arising under the statute or common law in respect of :

placing or presence in the highway of the scaffolding structure and works associated with the licence

the execution by any person of any of works associated with the licence

A duplicate copy of the licence should be prominently displayed (at ground level) on site at all times during which the scaffolding structure is erected

Scaffolding responsibilities

For a licence on Hampshire County Council managed roads.

(Based on guidance produced in consultation with the National Access & Scaffolding Confederation, Health and Safety Executive, Local Highways Authorities, Joint Authorities Group UK, National Traffic Managers Forum)

This Scaffolding Responsibilities Document aims to draw attention to applicants’ legal obligations to meet the required standards to erect scaffolding on the Public Highway on Hampshire County Council managed roads. This document is not exhaustive and is not to be constituted as legal or technical advice. All applicants and licensees should seek their own legal or technical advice if they require assistance on their rights and obligations in law or specialist technical knowledge or assistance.

General conditions

This document should be read in conjunction with the Scaffolding Licence Application Form and Terms and Conditions

The application form is for a licence (referred to as “a licence”) to build, erect or maintain on or over a highway, a scaffolding or other structure which obstructs the highway (section 169 Highways Act: 1980)

The licence is for the occupation of the highway only

Aluminium Towers – a licence for the placement of these types of structures (short term or otherwise) is still required from the Highway Authority and the same principles and requirements of the Highway Authority relating to general scaffolding licences apply. However, this guidance document does not cover the use of aluminium towers on the public highway, short term or otherwise

Construction

In order to satisfy the requirements of the Work at Height Regulations 2005, the scaffold structure must be designed, erected, altered and dismantled in a safe manner and maintained in a safe condition in accordance with current standards – see relevant part of guidance

On each site there must be an appropriate number of scaffolding operatives employed who are competent to erect, alter or dismantle the type and form of scaffolding and hold one or more of the following qualifications as appropriate:

Traditional Scaffolding (tube & fitting) or System Scaffolding - CISRS Scaffolder Card (or for more complex scaffold structures, The CISRS Advanced Scaffolder Card). The competent scaffolding operatives can be supplemented by CISRS carded ‘Trainee Scaffolders’, on a maximum ratio balance of one ‘competent’ scaffolding operative to one ‘trainee’ scaffolding operative

The scaffolding structure, or portion of, to be erected that day, shall be securely erected on the day of the delivery, in a safe and considerate manner, by or under the immediate supervision of a person competent and experienced in carrying out such work. Similarly, all scaffolding, hoarding or other structure, must be fully removed from the highway on the day it is dismantled and upon expiration of the licence or when the need for the scaffold becomes redundant

In order to satisfy the requirements of the Work at Height Regulations 2005, the scaffolding contractor shall formulate their plan of work making sure that all necessary allowances have been made resulting in all works undertaken by the scaffolding operatives being fully compliant with the recommendations and systems of work as detailed in the current version of the NASC safety guidance document SG4 ‘Preventing Falls in Scaffolding’

The licensee must implement any measures that the Highway Authority or Statutory Undertaker reasonably requests for the purpose of protecting or giving access to any apparatus belonging to or used or maintained by them

The scaffolding must be adequately secured to the adjoining structure or externally braced to prevent displacement Scaffold standards shall be fitted with suitable base plates, with appropriate spreaders used where necessary to the satisfaction of the local Highway Authority. All scaffold standards shall either be painted white, covered with hi-visibility foam padding and or hazard tape, for the first 2.00 metres above the footway/carriageway. The scaffolding shall not have any sharp ends or unprotected nuts/bolts within 2.00m of ground level. On pedestrian walk through structures the base lift shall be constructed in a manner to ensure that there are no horizontal ledger, transom or tie tubes lower than 2.44 m high above ground level unless a safe route for pedestrians of minimum 1.5m can be maintained around the scaffold structure and taking into account persons having a disability. No other equipment, ladders or materials may be kept on the footway or carriageway. All lower ladders must be removed when scaffolding is not in use to prevent unauthorised access. Adequate width and height must be maintained for the safe passage of footway users. Warning signs with the legend ‘DANGER - MEN WORKING ABOVE’ (or similar) must be displayed at each end of the structure during the erection and dismantling of the scaffolding structure

Suitable and sufficient measures must be taken to prevent any highway user from being struck by falling debris, material or objects. (The first lift of each scaffold and protection fan must be close boarded with suitable covering to prevent debris, material or objects falling through the scaffolding down onto any part of the highway. Covered traffic routes or passageways must be provided where necessary. Any spillages (including loose materials and equipment) must immediately be removed from the highway. The footway shall be kept clear for pedestrians and properly protected both day and night, so as not to cause risk of damage or injury to the public)

Unless otherwise agreed with the local Highway Authority, all working levels of all elevations of each completed scaffold (unless access/inspection only scaffolds) must be enclosed with either debris netting or plastic type sheeting to prevent debris, material or objects falling down the outside of the scaffolding onto any part of the highway. Depending on the proposed use of the scaffold and its location, consideration should be given to the selection of type of the enclosure material. The choice made should be appropriate for the safe encapsulation of any possible items of debris that may be produced by the intended works to be undertaken from the scaffolding

Where there is a risk of materials (tools or equipment) being dropped (accidentally or otherwise) onto vehicle or pedestrian traffic down from the scaffolding structure (i.e. within 4.00m horizontal distance away) from the outer face or ends of the scaffolding structure, a suitably constructed and angled protection fan or pedestrian gantry scaffold must be provided. This should be installed as soon as is practicable and remain in situ during the erection and dismantling of the scaffolding structure. Protection fans should not be installed below a height of 5.05m (16’-5”) above a carriageway when built to accommodate the potential hazard of vehicular traffic. The 5.05m (16’-5”) level should be measured from the kerb or the highest point of the road surface level (whichever is the higher). When accommodating the potential hazard of pedestrian traffic only, protection fans should not be installed below a height of 2.44m. This should be increased if there is a possibility of high sided vehicles over running the footway. Note: the type of protection fan to be constructed should be fit for purpose dependent on individual site requirements. Refer to NASC technical guidance TG20:08 for information relating to load classes and the designs of various protection fan arrangements. The local Highway Authority may require that pedestrian gantry scaffolds be designed

Wherever practicable, scaffolding shall be kept back a minimum of 450mm from the carriageway edge, up to a height of 5.05m (16’-5”), measured from the kerb or the highest point of the road surface level (whichever is the higher).If by agreement with the local Highway Authority any part of the scaffold is closer than 450mm to the carriageway edge, or the proposed site of the scaffolding is considered to be particularly susceptible to impact damage by passing vehicles, then adequately secured and properly signed, guarded and lit barriers shall be provided along the face of the structure and approved by the local Highway Authority. The use of sleepers as barriers is not permitted in Hampshire

The scaffold must be adequately lit from half an hour before sunset to half an hour after sunrise at each end with steady amber warning lights at 4m intervals. All projections must have red warning lights. A gantry over a pedestrian walkway must have white lights underneath for safety and security. Lighting levels and power supply should be identified

Partially erected/incomplete scaffolds must have a name board affixed and a warning notice board indicating ‘Scaffold Incomplete – Not to be used’ (or similar). If left overnight the incomplete scaffold must be lit

The issuing of the licence does not exempt any vehicle from any existing traffic regulation order during the course of erection, dismantling or other activity. Where appropriate an application to suspend the traffic regulation order should be made to the highway authority

Pedestrians

If proper provision cannot be made for pedestrians to pass safely beneath the scaffold or other structure on the existing footway, then an adequately signed and guarded walkway shall be erected outside the scaffolding or other structure, to the satisfaction of the local Highway Authority. A joint site inspection will be required and additional conditions applied

Measures shall be taken to distance/segregate/minimise the public interface from the area of work where the scaffold materials are being deposited, handled and erected

All reasonable precautions must be taken to ensure the safety of the public/pedestrians during the works. Particular consideration should be given to the needs of children, elderly people and people with disabilities, having particular regard for the visually impaired. For example, the provision of appropriate ramps for wheel chairs and tapping boards to warn the visually impaired of approaching hazards are useful aids. In order to do this, consideration must be given to suitable barrier systems, which safely separate the pedestrians from any hazards and provide sufficient access for people using wheelchairs and those with prams or pushchairs.

HSE Guidance 'Protecting the Public - your next move' HSG151

Traffic management

Traffic management issues such as the use of temporary traffic signals and temporary road closures must be discussed and agreed with the local Highway Authority. Additional fees may apply if positive traffic management is required. Extra restrictions may be imposed by the local Highway Authority on routes designated as traffic sensitive.

The licensee shall comply with Chapter 8, of the Traffic Signs Regulations and General Directions 2002 (TSRGD) and Safety at Street Works and Road Works Code of Practice. A requirement when carrying out any work on the highway is that the works are adequately signed, guarded and lit as stipulated in the “Safety at Street Works and Road Works Code of Practice

To meet the traffic management standards, personnel involved in traffic management must be trained and accredited in the “Signing, Lighting and Guarding“ module as prescribed in the New Roads and Street Work Act 1991. For minor traffic management a company must have at least: (a) One Accredited Supervisor (who does not have to be permanently on site). For major traffic management all operatives engaged in actually setting the system up on the highway shall be Street Works Accredited in ‘Signing, Lighting and Guarding’

Maintenance

During the period in which the scaffolding structure is allowed to stand, the structure shall be kept and maintained in good order and condition, and so as not to be injurious to the amenities of the neighbourhood and/or users of the highway. All scaffold material, and associated fixtures and fittings, (including rubbish chutes, chains, ropes and lifting gear, etc.) must be of good condition, sound material, adequate strength and free from patent defect. When chutes, lifting gear of other devices are used for the removal of equipment or materials all necessary precautions must be taken for the safety of all highway users. During this operation the skip or lorry body must be sheeted down to minimise dust levels. It is the responsibility of the scaffold contractor to implement a regular cleansing regime to keep the area of highway beneath the scaffolding clean and clear of debris.

Every hoist or pulley wheel must be adequately fenced

Scaffold structures must be inspected by a competent person every 7 days or after alteration. In addition, they must always be inspected after bad or excessively dry weather or particularly high winds, which may have affected their strength and stability. The results of the inspections (including any faults found) should be recorded and made available. Daily safety pre-checks should also be undertaken by any persons using the scaffolding

At the expiration of the time for which the licence is granted, or when the work for which this consent is granted, is completed, whichever is first, the scaffolding, structure shall be immediately taken down

The licensee is responsible for ensuring that the scaffolding is kept free from fly posting and graffiti. Any occurrences must be removed within 48 hours

A duplicate copy of the licence should be prominently displayed (at ground level) on site at all times during which the scaffolding structure is erected

Removal of scaffolding structure(s)

The licensee will be responsible for recording evidence of any damage to the highway prior to the erection of the scaffolding. Upon removal of the scaffolding structure(s), the pavement will be inspected and any damage to the highway which was not recorded by the licensee will be made good by the local Highway Authority at the expense of the licensee in accordance with the provisions of Section 133 of the Highways Act 1980

Any person who fails to comply with the terms of a licence is guilty of an offence and the Highway Authority will prosecute the Licensee under s.169(5) Highways Act 1980. In addition, and pursuant to s143 Highways Act 1980 the Highway Authority may, after giving notice, remove scaffolding or other structures from the Highway, and any expense incurred by the Highway Authority in doing so shall be recoverable from the Licensee. Furthermore, in situations where the Highway Authority consider the structure constitutes a danger (including a danger caused by obstructing the view) to users of the highway, the Authority shall remove the structure forthwith and recover any expense incurred pursuant to s149 Highways Act 1980

Insurance - public/employers liability

Public Liability Insurance giving minimum cover of Â£10M for Scaffolding is required. However, it may be noted that the Council reserves the right to increase these amounts if it is considered that the site location requires a higher degree of cover. You will be notified if this is the case and proof of increased cover will be required before the licence is granted

Where the Scaffolding Contractor directly employs operatives Employees Liability Insurance giving a minimum cover of Â£10M for Scaffolding is required. However, it may be noted that the Council reserves the right to increase these amounts if it is considered that the site location requires a higher degree of cover. You will be notified if this is the case and proof of increased cover will be required before the licence is granted

Miscellaneous

Unique Street Reference Numbers (USRNs) are obtained from the National Street Gazetteer. The Highway Authority will provide these numbers on request

Further separate licences must be applied for where the licensee intends to erect hording, place a skip on the highway and/or place building materials on the highway

Timescales

The Applicant shall allow at least ten clear working days between the date of application for a licence to place a scaffold/structure on the highway and the date on which the licence is intended to commence

Any request for an extension to the period for which the licence has been granted must be made by submitting a further application and fee to the County Council at least 48 hours (excluding Saturday and Sunday and Bank Holidays) prior to the expiry of the existing licence

Charges

£63.50

every 2 weeks

If hoarding is required in addition to scaffolding an additional fee applies.